HERE'S HOW DEMOCRACY WORKS IN OTHER COUNTRIES!!!

Ukrainian High Court Hearing Vote Appeal
By Anna Melnichuk
The Associated Press


Thursday 25 November 2004

KIEV, Ukraine - Ukraine's Supreme Court ruled Thursday that results of the nation's disputed presidential election will not be official until after it considered the opposition's claim that the vote was rigged.

That means the announced winner, Prime Minister Viktor Yanukovych, cannot formally take office until the appeal is decided.

The decision could significantly boost supporters of opposition leader Viktor Yushchenko, who have flooded the streets of Kiev since the Sunday run-off and have won significant international backing for their claim the announced election results were fraudulent.

Yushchenko praised the decision, telling a crowd of 100,000 people gathered in downtown Kiev, "This is only the beginning."

Yanukovych was declared winner of Wednesday's election with a margin of about 3 percentage points, but he cannot be inaugurated until after the results are officially published. The election commission said Yanukovych got 49.46 percent of the vote and Yushchenko 46.61 percent.

Yushchenko's campaign filed an appeal earlier Thursday, but it will not be considered until Monday, court spokeswoman Liana Shlyaposhnikova said. That means the ongoing protests and tensions likely will continue for several days.

Thousands of Yushchenko supporters have spent four nights outside in the bitter cold to protest authorities' decision to declare Yanukovych the winner. They received a boost Thursday from visiting Lech Walesa, the founder of the Polish Solidarity movement, who said he was "amazed" at their enthusiasm and predicted their protest would succeed.

"I hope that Ukraine can avoid the mistakes that Poland made, such as the imposition of martial law," Walesa was quoted as saying by the Polish news agency PAP before leaving Warsaw.

Earlier, leaders of the European Union and Russia, meeting in The Hague, Netherlands, urged their Ukrainian counterparts to find a nonviolent solution to the crisis gripping this former Soviet republic.

Russian President Vladimir Putin — who earlier sent a congratulatory telegram to Yanukovych that his win would raise the two nations' "strategic partnership to a new level" — said after meeting EU leaders in the Netherlands that all claims relating to Ukraine's election should be settled by the courts.

"From my perspective all issues concerning the elections ... should be addressed in accordance with the constitution. All claims should go to the court," Putin said. "We have no moral right to push a big European state to any kind of massive disorder."

Dutch Prime Minister Jan Peter Balkenende, whose country holds the EU presidency, said, "We do agree that the peaceful approach to setting up a legitimate government is essential. Any objections to the electoral process must be looked into."

It was unclear, however, whether Yushchenko's appeal to the Supreme Court was legally valid. According to the Interfax news agency, only election results from individual voting districts can be challenged and not results as a whole. The opposition also planned to file complaints in regional courts to protest the vote results.

Policy differences between the two candidates have been overshadowed by the election controversy. Ukraine's economy is considered the fastest-growing in Europe, but looming inflation and rising food prices were a major campaign issue in this nation of 48 million people.

Yushchenko, whose wife is U.S.-born, says he wants to push Ukraine to greater integration with Western Europe, and he has suggested he would seek NATO membership.

His critics worry he will alienate Ukraine from Russia, its key trade partner and main energy supplier.

Yanukovych was praised by Putin and was expected to pursue closer ties with Moscow. Ukraine remains of critical strategic importance to Russia, which is attempting to strengthen its influence over former satellites and considers Ukraine a buffer between Russia and NATO's eastern flank.

However, both candidates support withdrawing Ukraine's troops from Iraq.

Sunday's runoff was denounced as fraudulent by Western observers, who cited voter intimidation, multiple voting and other irregularities. The United States and EU said they could not accept the results as legitimate and warned the Ukrainian government of "consequences" in relations with the West.

Yushchenko sent word to the 15,000 people massed in Kiev's Independence Square on Thursday that the opposition intends to blockade several international highways in western Ukraine, where his support is running high.

Earlier, the reformist candidate called for a general strike to protest the announced result, although businesses and factories in the capital worked as usual Thursday. Some workers reportedly left factories in Yushchenko's stronghold in western Ukraine to come to Kiev.

One hotel in the capital allowed its workers to leave their jobs to join the protests.

The opposition's threat to shut down factories, schools and transportation risked provoking a crackdown by outgoing President Leonid Kuchma, who accused the opposition of trying to carry out a coup.

A strike could further divide the country: Yanukovych drew his support from the pro-Russian, heavily industrialized eastern half of Ukraine, while Yushchenko's strength was in the west, a traditional center of nationalism.

To prevent the crisis from widening, Yanukovych said negotiations with Yushchenko's team would begin Thursday. The opposition has said, however, that it would only talk about a handover of power to Yushchenko and would only negotiate with Kuchma.

Thousands of supporters spent a freezing night in the capital, staying in giant tent camps along Kiev's main street and near the presidential administration building. As the sun rose, groups huddled together, drinking hot tea and breaking into regular chants of "Yushchenko! Yushchenko!"

The police presence around the presidential administration building was reinforced Wednesday night as more than 1,000 officers with helmets and shields were bused in.

The building became the site of the most tense standoff yet in the five days of protests when some 15,000 Yushchenko supporters faced off against riot police Tuesday night. Ukraine's Interior Ministry said Thursday it opened a criminal investigation into what it called an attempt to seize the building.



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U.S. Puts Ukraine on Guard
By Brian Knowlton
The International Herald Tribune

Thursday 25 November 2004

WASHINGTON - Secretary of State Colin Powell said Wednesday that the United States could not accept the election results in Ukraine, and warned of unspecified consequences if the results were not reviewed.

He urged President Leonid Kuchma not to use force against sprawling crowds in Kiev streets protesting the official outcome.

Ukrainian authorities on Wednesday defied U.S. and European calls not to certify Prime Minister Viktor Yanukovich as the winner of elections that several foreign monitoring groups and a White House special envoy have declared seriously flawed.

"We cannot accept this result as legitimate because it does not meet international standards," Powell said, "and because there has not been an investigation of the numerous and credible reports of fraud and abuse." The United States, he added, was "deeply disturbed" by these reports.

The secretary of state, in a forceful statement backed by similar declarations - possibly coordinated - from key European officials, urged a full review of the election.

"This is a critical moment," he said at the State Department. "If the Ukrainian government does not act immediately and responsibly, there will be consequences for our relationship, for Ukraine's hopes for Euro-Atlantic integration, and for individuals responsible for perpetrating fraud."

He would not spell out those consequences, though possibilities include a ban on travel visas for Ukrainian officials, and curbs on annual foreign aid totaling $150 million. Nor would Powell propose a solution, noting that "one suggestion that has been made is another election, but there are other suggestions out there."

Key European officials also spoke of consequences, possibly in lost economic aid or downgraded diplomatic ties, if Ukraine fails to review the elections.

Powell, following an apparently intense round of telephone consultations with officials from Brussels to Moscow, said that he had spoken to Foreign Minister Sergei Lavrov of Russia and agreed on the need for "a solution that is based on the law" and on diplomacy.

After a phone conversation between President Vladimir Putin and Chancellor Gerhard Schröder of Germany, the Kremlin issued a similar statement for a law-based solution.

The United States has been in unusual conflict with Russia in recent days over what the White House considers Putin's aggressive support of Yanukovich. The Russian ambassador in Washington was summoned to the State Department on Monday to hear a protest.

But Powell insisted that the two could work together. "We're not looking for a contest with the Russians over this," he said. "We're looking for a way to make sure that the will of the Ukrainian people is respected."

He noted that hints of a possible compromise had emerged from both candidates - the Moscow-backed Yanukovich and the pro-Western opposition leader Viktor Yushchenko - and said that he supported an offer by President Alexander Kwasniewski of Poland to mediate.

Kwasniewski is a close U.S. ally whose country borders Ukraine.

A White House spokesman had earlier welcomed a vow by Kuchma not to use force. It was unclear whether he was speaking before or after the call Powell said he had made to the outgoing president, who has groomed Yanukovich as a successor.

"That's great," said Fred Jones, a National Security Council spokesman, when asked about Kuchma's "categorical" vow of nonviolence. "We're hoping the Ukraine government listens to the voice of its people."

The United States had expressed its displeasure over Russia's strong backing of Yanukovich by summoning Ambassador Yuri Yushakov to the State Department on Monday. The Kremlin called this "unprecedented interference." Putin, who had sparked the U.S. diplomatic protest by telephoning Yanukovich to congratulate him before he was certified as the winner, appeared to be taking a more cautious position Wednesday.

A Kremlin statement said that Putin and Schröder had agreed in a phone call, initiated by the chancellor, to urge Ukraine to find a legal solution to its political crisis, Reuters reported.

"It was noted that the postelection situation should be solved on the basis of Ukraine's existing election laws," a Kremlin statement said. "As far as other political problems are concerned, they could be solved through relevant political contacts and consultations," it added.

In Brussels, José Manuel Barroso, the European Commission president, warned that "there will be consequences if there is not a serious, objective review" of the election results. Javier Solana, the European Union foreign and security policy chief, made similar comments.

The NATO secretary general, Jaap de Hoop Scheffer, said that a review of the election was "absolutely necessary," and he called a democratic outcome "key to NATO-Ukraine relations." Jones, the National Security Council spokesman, had earlier cautioned the Ukrainian authorities against declaring a winner.



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Putin Message Stokes Ukraine Crisis
The Guardian U.K.

Thursday 25 November 2004

Tensions mounted in Ukraine today as the Russian president, Vladimir Putin, sent his congratulations to the official winner of the country's disputed presidential election, just hours after the US refused to accept the result.

Hundreds of thousands of demonstrators kept up their vigil in the capital, Kiev, today in support of the Western-leaning opposition candidate, Viktor Yushchenko. Television news programmes reported that the demonstrations had grown big enough for protestors to split their numbers between Independence Square and the presidential compound.

Mr Putin today congratulated the Russian-backed prime minister, Viktor Yanukovich, on winning Sunday's presidential run-off election, despite claims of widespread polling fraud by international observers. It was Mr Putin's second message endorsing Mr Yanukovich's disputed victory, and came after Ukraine's electoral commission yesterday declared him as the official winner.

Interfax reported that Mr Yushchenko today filed an appeal in the Supreme Court against the results of the presidential election.

"Now the most favourable conditions have been created for the Russia-Ukraine strategic partnership to reach a new and high-quality level," a Kremlin statement quoted Mr Putin's message to Mr Yanukovich as saying.

Mr Putin's message of congratulations coincided with his arrival in The Hague for a summit with EU leaders, who have openly questioned the legitimacy of the poll.

Yesterday the US secretary of state, Colin Powell, rejected the result, and the German chancellor, Gerhard Schröder, said he had no reason to disagree with European observers who declared the poll had been marred by widespread fraud.

Backed by thousands of protesters who spent a fourth night outside in the bitter cold, Ukrainian opposition leaders today prepared for a nationwide protest strike. Mr Yushchenko and his allies have called for an "all-Ukrainian political strike" after the election officials declared Mr Yanukovich the winner.

The threat to shut down factories, schools and transportation risked provoking a crackdown by the outgoing president, Leonid Kuchma, who accused the opposition of trying to carry out "a coup d'etat." Mr Yushchenko's campaign manager, Oleksandr Zinchenko, told a growing crowd of protesters gathered in Ukraine's Independence Square Thursday that the opposition would begin to block several highways in western Ukraine, where their support level is high.

MP and Yushchenko ally Mykola Tomenko said "more and more people" were gathering on the streets of the nation's cities. The opposition said some roads had already been blocked and workers had gone on strike, but there was no way of independently verifying the claims.

With the gulf deepening between the opposition and the government, Lech Walesa, the founder of the Polish Solidarity movement, arrived in Ukraine to try to help pull this deeply divided nation of 48 million back from the brink of conflict.

"I hope that Ukraine can avoid the mistakes that Poland made, such as the imposition of martial law," Mr Walesa was quoted as saying by Polish news agency PAP before leaving Warsaw.

A strike could further divide the country. Mr Yanukovich draws his support from the pro-Russian, heavily industrialised eastern half of Ukraine, while Mr Yushchenko's strength is from the west, a traditional centre of nationalism.

To prevent the crisis from widening, Mr Yanukovich said negotiations with Mr Yushchenko's team would begin today. The opposition has said, however, that it would talk only about a handover of power to Mr Yushchenko, and would only negotiate with Mr Kuchma.

The election officials' decision to declare Mr Yanukovich the winner "puts Ukraine on the verge of civil conflict," Mr Yushchenko told hundreds of thousands of cheering supporters yesterday. Ukraine's electoral commission said Mr Yanukovich won 49.46% of the vote and Mr Yushchenko 46.61%. s



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PM Declared New Leader in Ukraine; Strike Urged
By Natasha Lisova
The Associated Press

Thursday 25 November 2004

KIEV, Ukraine - Opposition leaders called yesterday for a nationwide strike to shut down factories, schools and transportation after officials declared Ukraine's pro-Kremlin prime minister the winner of a presidential runoff election that many countries denounced as rigged.

The call by reformist candidate Viktor Yushchenko and his allies for an "all-Ukrainian political strike" risked provoking a crackdown by outgoing President Leonid Kuchma's government, which has said the opposition's actions in the aftermath of Sunday's bitterly disputed runoff were, in effect, preparations for a coup d'etat.

A strike also could further divide the country: Prime Minister Viktor Yanukovych drew his support from the pro-Russian, heavily industrialized eastern half of the country, while Yushchenko's strength was in the west, a traditional center of Ukrainian nationalism.

To prevent the crisis from widening, Yanukovych said negotiations with Yushchenko's team would begin today, the Interfax news agency reported, citing Ukrainian television. The opposition has said, however, that it would talk only about a hand-over of power to Yushchenko.

The Central Election Commission's decision to declare Yanukovych the winner "puts Ukraine on the verge of civil conflict," Yushchenko told hundreds of thousands of his cheering supporters who massed for a fourth straight night in central Kiev's Independence Square.

After the speeches, many demonstrators headed to the presidential administration building, the site of a tense standoff with riot police Tuesday night. The police presence was heavy again, with about 40 buses disgorging well over 1,000 officers outfitted with helmets and shields who stood up to eight deep outside the building.

The election was denounced as fraudulent by Western observers, who cited ballot stuffing, voter intimidation and other irregularities. Secretary of State Colin Powell said yesterday that the United States cannot accept the result, warning "there will be consequences" in the two countries' relationship.

The commission said Yanukovych got 49.46 percent of the vote and Yushchenko 46.61 percent.

"With this decision, they want to put us on our knees," Yushchenko told the crowd, which responded with chants of "Shame! Shame!" and "We will not give up."

Socialist Party leader Oleksandr Moroz said the opposition was "organizing citizens, stopping lessons at schools and universities, stopping work at enterprises, stopping transport ... and thus we'll force the authorities to think about what they are doing."

Yuliya Tymoshenko, Yushchenko's key ally, said his followers would "surround all government buildings, block railways, airports and highways."

"We have a strict intention to seize power in our hands at these sites," she said, vowing a "consistent struggle that will lead to the destruction of this regime."

She also said that the opposition would go today to Ukraine's Supreme Court to protest the alleged election fraud, and urged supporters to remain on the square and not let down their guard.

Interfax quoted Yanukovych as saying that in negotiations with Yushchenko's team, "we will be looking for common language. Ukraine is our common land, and we should have a chance to live together as well as possible."

The prime minister's staff declined to comment on the report.

Kuchma, the outgoing president, said Yushchenko supporters were trying to carry out "a coup d'etat." He called "on all political forces to negotiate immediately" and on the international community to "refrain from interference in Ukraine's affairs."

Kuchma called the election "an examination of the maturity and democracy of all the Ukrainian people."

"We will pass this exam," he said.

The election commission announcement came after a flurry of statements on the possibility of negotiations to find a compromise, which Kuchma had proposed earlier.

Mykola Tomenko, a lawmaker and Yushchenko ally, told Yushchenko supporters earlier yesterday that the opposition would negotiate "only about the peaceful handing over of power to Yushchenko by Kuchma."

Yushchenko claimed victory Tuesday over Yanukovych in the presidential run-off and, in a sign he would not back off, took a symbolic oath of office.

The election has led to an increasingly tense tug-of-war between the West and Moscow, which considers Ukraine part of its sphere of influence and a buffer between Russia and eastward-expanding NATO.

Russian President Vladimir Putin has already congratulated Yanukovych on his victory, and the Russian parliament denounced the Ukrainian opposition for its "illegal actions."

Powell, by contrast, challenged Ukrainian leaders "to decide whether they are on the side of democracy or not."

"If the Ukrainian government does not act immediately and responsibly, there will be consequences for our relationship, for Ukraine's hopes for a Euro-Atlantic integration and for individuals responsible for perpetrating fraud," Powell said.

He was not explicit. However, the United States often revokes the U.S. visas of officials involved in perpetrating fraudulent elections in foreign countries. Another option would be to refuse Ukrainian entry into Euro-Atlantic organizations such as NATO.

Deputy Prime Minister Anne McLellan of Canada said her government did not accept that the announced results "reflect the true democratic will of the Ukrainian people."

European Commission President Jose Manuel Barroso warned of "consequences" for the European Union's political and trade relations with Ukraine if its government does not allow a "serious, objective review" of the election. At risk might be about $1.31 billion the bloc has given or committed to Ukraine since 1991 in development and economic aid and possible visa bans.

Lech Walesa, the founder of Poland's Solidarity movement, will travel to Ukraine to mediate the standoff over the disputed presidential elections there, his son said.

In addition, the Netherlands planned to send a special envoy, Niek Biegman, as part of its role as current holder of the European Union's rotating presidency.

Opposition supporters have taken over blocks of Kiev's main street, setting up a giant tent camp. Yanukovych supporters also became increasingly visible in Kiev, setting up hundreds of tents of their own on a nearby wooded slope. But many of their camps had been dismantled by last night.

Kiev's city council and the administrations of four other sizable cities - Lviv, Ternopil, Vinnytsia and Ivano-Frankivsk - have refused to recognize a Yanukovych victory.

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